VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00482 Package ID: USCOURTS-cofc-1_14-vv-00482 Petitioner: J.L.S. Filed: 2014-06-04 Decided: 2016-07-11 Vaccine: influenza Vaccination date: 2011-11-09 Condition: Acute Disseminated Encephalomyelitis (ADEM) Outcome: compensated Award amount USD: 75000 AI-assisted case summary: Garland L. Snyder and Jennifer D. Snyder, parents and natural guardians of J.L.S., a minor child, filed a petition for compensation on June 4, 2014, under the National Vaccine Injury Compensation Program. They alleged that J.L.S. developed Acute Disseminated Encephalomyelitis (ADEM) as a result of receiving an influenza vaccination on November 9, 2011. The respondent denied that the influenza immunization caused J.L.S.'s injury. The parties reached a settlement, and on July 11, 2016, they filed a joint stipulation. Respondent agreed to pay a lump sum of $75,000.00, payable to petitioners Garland Snyder and Jennifer Snyder, as compensation for all damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation in that amount. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioners alleged that J.L.S. developed Acute Disseminated Encephalomyelitis (ADEM) as a result of receiving an influenza vaccine on November 9, 2011. Respondent denied causation. The parties reached a settlement, and a joint stipulation was filed on July 11, 2016. Respondent agreed to pay a lump sum of $75,000.00 to compensate for all damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation in that amount on July 11, 2016. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00482-0 Date issued/filed: 2016-09-02 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 7/11/2016) regarding 56 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00482-UNJ Document 60 Filed 09/02/16 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS (Filed: July 11, 2016) No. 14-482V * * * * * * * * * * * * * GARLAND L. SNYDER and * JENNIFER D. SNYDER, parents and * natural guardians of J.L.S., a minor * Decision on Joint Stipulation; child, * Acute Disseminated * Encephalomyelitis (“ADEM”); Petitioners, * Influenza (“Flu”) Vaccine. * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * Isaiah R. Kalinowski, Esq., Maglio Christopher and Toale, PA, Washington, DC, for petitioner. Michael P. Milmoe, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On June 4, 2014, Garland L. Snyder and Jennifer D. Snyder (“petitioners”) filed a petition for compensation on behalf of their minor child, J.L.S., under the National Vaccine Injury Compensation Program.2 Petitioners allege that J.L.S. developed Acute Disseminated Encephalomyelitis (“ADEM”) as a result of receiving an influenza vaccination on November 9, 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). 1 Case 1:14-vv-00482-UNJ Document 60 Filed 09/02/16 Page 2 of 8 2011. See Stipulation, filed July 11, 2016, at ¶¶ 1-4. Respondent denies that the influenza immunization caused J.L.S.’s injury. Stipulation at ¶ 6. Nevertheless, the parties have agreed to settle the case. On July 11, 2016, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payment: A lump sum of $75,000.00 in the form of a check payable to petitioners, Garland Snyder and Jennifer Snyder. This amount represents compensation for all damages that would be available under § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2 Case 1:14-vv-00482-UNJ Document 60 Filed 09/02/16 Page 3 of 8 Case 1:14-vv-00482-UNJ Document 60 Filed 09/02/16 Page 4 of 8 Case 1:14-vv-00482-UNJ Document 60 Filed 09/02/16 Page 5 of 8 Case 1:14-vv-00482-UNJ Document 60 Filed 09/02/16 Page 6 of 8 Case 1:14-vv-00482-UNJ Document 60 Filed 09/02/16 Page 7 of 8 Case 1:14-vv-00482-UNJ Document 60 Filed 09/02/16 Page 8 of 8